Rule 45. Dispositional Reports.
(a) Delinquency cases.
(1) Unless waived bythe court, a dispositional report shall be prepared in all proceedings whichresult in the filing of a petition. The dispositional report shall be deemedwaived, unless otherwise ordered, in all traffic, fish and game and boatingcases, and other bailable offenses. The report shall conform to therequirements in the Code of Judicial Administration.
(2) Investigation ofthe minor and family for the purpose of preparing the dispositional reportshall not be commenced before the allegations have been proven without theconsent of the parties.
(3) The dispositionalreport shall not be viewed or considered by the judge before the adjudicationof the charges or allegations to which it pertains. If no dispositional reporthas been prepared or completed before the dispositional hearing, or if thejudge wishes additional information not contained in the report, thedispositional hearing may be continued for a reasonable time to a date certain.
(4) The dispositionalreport shall be provided to the minor's counsel, the prosecuting attorney, theguardian ad litem, if applicable, and counsel for the parent, guardian, orcustodian of the minor, if applicable, at least two business days prior to thedispositional hearing. When the minor or the minor?s parent, guardian, orcustodian are not represented by counsel, the court may limit inspection ofreports by the minor or the minor?s parent, guardian, or custodian if the courtdetermines it is in the best interest of the minor to do so.
(b) Neglect, abuse, and dependencycases.
(1) For the purposeof determining proper disposition of the case, written reports and othermaterial relating to the minor?s mental, physical, and social history andcondition may be received in evidence and may be considered by the court alongwith other evidence. The court may require that the person who wrote the reportor prepared the material appear as a witness if the person is reasonablyavailable.
(2) The juvenilecourt shall review and receive each dispositional report submitted by theDivision of Child and Family Services as described in Utah Code section 80-3-408.
Effective January 19,2022.